While full guidance is provided in the Residential Tenancy Guidance, this checklist summarises the charity law and Methodist law, policy and best practice requirements that must be met before TMCP can confirm its approval to a residential tenancy being entered into.

1. Final Consent (Standing Order 930(4)(ii))

You will need to log a project on the Property Consents Website so that the three levels of consent can be entered (for example, Church Council, Circuit Meeting, and District consent). Final consent to the project must be entered before a residential tenancy can be granted.

2. Confirmation of market rent and best terms letter (s.120(2)(b) of the 2011 Act)

Once a tenant has been found you will need to obtain a letter signed by the letting agent confirming that; (1) the agreed rent is set at no less than market rent and (2) the letting is on the best terms that can reasonably be obtained. A copy must be sent to TMCP before approval can be given to the tenancy.

3. Connected Persons (s.117(2)(a) of the 2011 Act)

Once a tenant has been found confirmation is required as to whether the tenant is connected to the charity within the meaning of s.118 of the 2011 Act before TMCP can approve the tenancy.

If the tenant is NOT a connected person, you or your letting agent/ solicitor will need to (1) ask the tenant to sign a completed Connected Person Certificate available from TMCP confirming this to be the case and (2) return this to TMCP with confirmation that as far as the Managing Trustees and the letting agent/ solicitor (if there is one) are aware the tenant is not connected.

If the tenant IS a connected person the Managing Trustees will need to apply to the Charity Commission for an Order authorising the tenancy and produce this to TMCP.

IF a deposit is taken, written confirmation is required from your letting agents or solicitor to confirm that (1) advice has been given to the Managing Trustees on their responsibilities relating to the deposit; and (2) the tenancy deposit provisions in the tenancy agreement (whether the Template ASTis used or not) are up-to-date and appropriate to the Tenancy Deposit Scheme being used.

Written confirmation is required from the letting agent, or the Managing Trustees if no letting agent is involved, that; (1) the Managing Trustees have been advised on/ recognise their statutory obligations as landlord in respect of the tenancy and (2) the agents or the Managing Trustees will take steps to ensure that all relevant statutory requirements are fulfilled before the tenancy is entered into including but not limited to:

Carrying out the “Right to Rent” checks required under the Immigration Act 2014

Please remember that two authorised Managing Trustees will need to arrange to sign the tenancy agreement.

Disclaimer

Please note that this document is to provide guidance and assistance to Managing Trustees and their professional advisers. This guidance note is general in nature, may not reflect all recent legal developments and may not apply to the specific facts and circumstances of any particular matter.

Also note that nothing within the documents and guidance notes provided by TMCP nor any receipt or use of such information, should be construed or relied on as advertising or soliciting to provide any legal services. Nor does it create any solicitor-client relationship or provide any legal representation, advice or opinion whatsoever on behalf of TMCP or its employees.

Accordingly, neither TMCP nor its employees accept any responsibility for use of this document or action taken as a result of information provided in it.

Please remember that Managing Trustees need to take advice that is specific to the situation at hand. This document is not legal advice and is no substitute for such advice from Managing Trustees' own legal advisers.